Utah Senate advances package of bills on jail funding, election rules and procurement for people with disabilities; refuses to concur on some House education am

SALT LAKE CITY — The Utah State Senate moved a broad set of bills forward on Jan. 27, passing legislation on jail reimbursements, election-language corrections and state procurement to expand employment for people with disabilities while refusing to concur with several House amendments to the education spending plan.

Senators passed first substitute SB 50, described by sponsor Senator Jason E. Thomas as "not a complete fix to our jail funding problems, but ... a meaningful step at least forward," and said the measure has the backing of the Commission on Criminal and Juvenile Justice and law-enforcement legislative committees. The Senate recorded 27 yes votes, 1 nay and 1 absent and referred the bill to the House.

On election law, the Senate approved second substitute SB 55 with an amendment to correct statutory references. Sponsor Senator Tiara Mansell said the changes were "a correction of language to make sure that those referenced sections are correct as to the intent of the bill." Debate touched on whether the bill could bar discussion of a candidate's sexual orientation; Senator Michael J. McCoy said he had a procedural concern but did not oppose the substance. The amended bill passed 28–0 with one absent.

The chamber also moved to create a state procurement pathway intended to increase employment opportunities for Utahns with disabilities. Senator Sheldon Kilpack, co-sponsoring Senate Bill 59, said the measure "creates a purchasing from persons with disabilities advisory board" and a preferred-procurement list. Kilpack and backers stressed safeguards including a stated $5,000,000 cap and continuing control by the Division of Purchasing; opponents warned the measure could grant a competitive advantage to nonprofit sheltered workshops and suggested the law should "encourage" rather than "require" purchases. SB 59 advanced on a recorded vote of 25 yes and 4 no.

The Senate also advanced a first-substitute bill on physician apology language (SB 41), a county-administration amendment clarifying certified-mail notice dates in county tax collections (SB 100), and a package of tax-code clarifications (including SB 28 and SB 37). Vote tallies recorded on the floor include:

Votes at a glance - SB 36 (third reading): passed 28 yes, 0 nay, 1 absent; referred to the House. - First substitute SB 50 (jail funding): passed 27 yes, 1 nay, 1 absent; referred to the House. - Second substitute SB 55 (election-law corrections, as amended): passed 28 yes, 0 nay, 1 absent; referred to the House. - First substitute SB 41 (apology/physician statement): passed 25 yes, 2 nay, 2 absent; referred to the House. - SB 59 (purchasing from persons with disabilities — third reading recorded): recorded 25 yes, 4 no, 0 absent (will be read for the third time as recorded on the floor). - Motion to refuse to concur on certain House education amendments: passed 19 yes, 9 no, 1 absent; communicated back to the House. - SB 100 (county officer amendments, as amended): third-reading recorded 27 yes, 0 nay, 2 absent. - SB 110 (voter information protections): recorded 27 yes, 0 nay, 2 absent. - SB 99 (county recorder amendments): recorded 28 yes, 0 nay, 1 absent. - SB 28, SB 37, SB 38 (tax-code clarifications): recorded votes generally favorable (see timeline for tallies).

On the floor, senators raised procedural and constitutional questions during debate. Senator Eric (first reference in transcript) asked whether SB 55 would prohibit anonymous distribution of campaign literature; he cited the U.S. Supreme Court decision McIntyre v. Ohio Elections Commission and urged the sponsor to ensure the bill would withstand constitutional review. Mansell responded that the bill aims to make picket or "pack" organizers identifiable to the public so voters can judge the source of campaign material.

Sponsor statements emphasized limits and safeguards: Kilpack said the procurement measure is capped and placed selection authority with the Division of Purchasing to ensure competitiveness; Thomas said the jail-funding measure brought stakeholders together and was a step toward resolving long-standing disputes over the "core rate" for reimbursements.

The Senate paused its business midmorning to honor Logan High quarterback Riley Nelson with an official citation recognizing his state-championship season and records; Nelson and members of the team addressed the chamber briefly.

What happens next Most bills the Senate referred to the House will go to that chamber for further action and any conference discussions. The Senate communicated its refusal to concur on several House education spending amendments; that matter goes to a formal conference or additional negotiations between the chambers. The Senate adjourned until 10 a.m. the following day.

Sources: Utah State Senate floor transcript for Jan. 27, 2006; on-floor roll calls and sponsor statements recorded on the transcript.